COUNCIL BLUFFS DEPARTMENT Mi.voit MCVIIOV. Try Monro & Ellis' "Snllana" lOc ctfiir. The Dee office , No. 16 North Main rtrcot. A daughter ha been born If. Mr. and MM Charles Crum. The spring term of Ihe federal court wll convene on March 10. Bern , to Mr. and Mrs. E. W. Dent , a son , at 82i Seventh hvenue. Lynn , the 3-year-old Mil of William Sic ver.s , 11 Stutiman street , Is 111 with * carlo fever. The Council Bluffo office of The IIM Is Just north of Officer & Pusey's bank , on Main street. A rehearsal of the "Model School' comedy was held last night at St. John's Hnfillsh Lutheran church. The Grand hotel , Council llluffs. High class In every respect. Rates , $2.50 per day and upward , n. F. Clark , proprietor. T. J. Ilysham and Ralph Prlngle , two Red Oak atlornejs , have teen In the city for several days on a probate case In the dis trict court. August Joncschet and Julius Kraft charged with cutting timber on land owned by John Coyle , have been fined $25 and costs cauh by Justice Vien. They have ap pealed their cases to the district court. Charles Huber , the butcher , Is nursing a game leg , Ihe result of nn unexpected at tack upon him by a dog thai belonged to one of Ihe wood merchants on themarkel al the corner of Bryant and Broadway. Harry Hamilton , who wa suspected o ] having confldcnced Henry Dammo out ot $11 In Omaha , was fined $ R and costn In police court for drunkenness. He was not Identi fied by Damme as the man who had turned the confidence trick. George Russell , an employe ot Klmbal Bros. ' foundry , objected to the manner II. J. Vauhn used In collccllng n bill , and linen him oul of Ihe shop. Judge McQuc In police court yesterday morning added $15.20 to the original bill , which Russell paid. County Auditor Mallheus and Overseer of the Poor Huntlngton have examined the con dition of the county burying place , and have decided to have the grounds put In bettor condition. The woik will be done under the supervision of Mr. Iluntlngton , and by men who are willing to earn the relict Ihey are getting from the county. Judge McGcs yesterday fined William Raff $ $33.70 for the parl ho look In disturbing the mission meeting at Fifteenth street. id Dlumcnstoln. who rccclvwl a sentence equally revere for the same offense , Is still In jail , bul Bcrl Newton , the third one of the gang of hoodlums , who was fined 'nearly $40 , Is out of Jail. A few days ago he was sent out to get n bucket of coal , and when he Btruck Ihe fresh air ho dropped Ihe scuttle and flw. The police- received a telephone message from Cresccnl Clly at 0 o'clock last evenIng - Ing , saying lhal a tramp had robbed a school house near there , taking the school bell , a silk mufller , and everything else thai was loose , and In passing through the village had stopped long enough to steal n pair of pants and a pair of shoes. An excellent description wau furnished , and at 10 o'clock Officer Slead picked the fellow up on Lower Broad way. He had gotten rid of everything but Ihe pants , which ho was wearing under his own. Ho gave the name of W. M. Kelley , nnd was enjoying a mild and good-mannered Jag when locked up. Moore & Ellis' "Corner , " best 5c cigar. Wanted , good farm loans In western Iowa at lowest rates. Money loaned for local In vestors on best of security netting 6 per cent. Flro Insurance written In reliable companies. Lougce & Towlc , 235 Pearl street. Athletic CoiitcNtH , El PIIHO. Tex. February 11 , 189G. The Burlington Route , K. C. , St. J. & C. B. R. R. will sell tlckels lo El Paso , Tex. , and rclurn on February 8 at one first class fare for round trip. O. M. BROWN. Ticket Agent , Council Bluffs. Free ICHHOiiH in Art Ncrillc WorU. Mlssca Clark & Wetzcl will give free les sons In art needle work on Tuesday .ant Saturday mornings of each week. All ladles are welcome to avail themselves ot this priv ilege. 33G and 338 Broadway. Don't miss our special sale of aluminum ware for the next ten days. Cole and Cole. , PHOHATK COUIIT MATTERS. Ailmlnlxtrntor'N Itieuort In Mclvlun HnnlliiK Extiitf nml Coiirt'N Order * . The report of Peter 'Egan ' , Jr. , adminis trator of the estate of Melvlna Harding , has been on file In the clerk's office of the dis trict court since last August. Immediately after It was filed atlorncys for Julia E. Thompson , ono of Ihe heirs , filed Ihelr ob jections to the report. Judge Smith has had the objections under consideration since then and has made several * orders in behalf of their client. Administrator Egan .reported ho had re ceived $2,408.72 In all , of which $2,380 was from the sale of a farm near Nooln. His report shows that he disbursed $1,321.87. Of this amount $829.42 was lo Iho Farmers' and Merchants' State bank , $110 as com pensation to administrator , $171 to Dr. Robbins - bins , $110 ar > attorney's fees , and $53.40 as court costs. The attorneys objected as the court costs were more than allowed by law , and made similar objections to the administrator's fee. The claim of the bank was also objected teen on the ground that the administrator was an Interested party , being cashier of the bank , and thai If Ihe claim was ever heard In courl no temporary administrator was ap pointed to defend against the claim ; also the statement was mada that the adminis trator received $2,578 for the farm , Instead ot the amount reported. Judge Smith has allowed $28.40 court costs instead of $58.40. Ho also refused to allow the administrator's fees until the case Is sottlcd. Ccnccrnlng the allowance of the bank claim , it Is set ) as'do and J. G. Bards- ley Is appointed temporary administrator to defend against the claim , which must bo heard on Its merits. The court also directs the distribution of $900 among Iho heirs , and adds : "Tho court finds that there Is reason to bellovo there Is In the hando of H. L. Robertson the sum of $192 belonging to the estate and that the administrator has net attempted to collect It , and the administrator is ordered to collect it at once , and if It Is not paid that milt bo broughl to enforce the collection. This Is the difference between the amount reported received for Iho farm and the amount alleged to have been re ceived. " Hot Ilvil Wo have 1,000 hot bed sash which we are going to cloio out. They won't last long. How many do you want ? We will make you a prlco that cannot bo duplicated , C , B. Paint , Oil and Glass company , Masonic tem ple , Council Bluffs. Half Price Snle of FriiiucN. Great sale ! Surpasses half price sales of former years. Get' your pictures framed whllo they arc going at halt price , H. L. SMITH & CO. Misses Clark & Wetzcl have a fine display of delft designs that the ladles should see. They will glvo free lessons In art needle work today , _ _ _ _ _ _ _ _ _ _ H vo you seen the new ga heating it the company's- office T a FrelKlit Tlilcf. Special Ofllcor Mclntyre last night caught J. D. Alexander In the act of breaking a teal en ono of the Rock ] Island freight cars , and placed him under arrest. He was locked up , Alexander has heretofore borne the reputation of being an honest man. For a long tlmo ho was In the employ of the Shugart Implement company , but has been Idle since the lire , The big special sale at the Durfee Furni ture company's la In full blast. There were some the greatest bargains given there yes terday ever offered in Council Bluffs. The sale lasts ten days. _ Columbia bicycles. Highest ot all high grades. Call and t-ce them at Cole & Cole. Stephan Bros , for plumbing and beating ; alto flue line of gag fixtures. Davli , only drug store with registered clerk , Dr. Cleaver's office moved to (00 Broadway. WHAT THE RECORDS DISCLOSE Some Tncts ic Connection with the Iowa Construction Company. PAUL HAS TWO SETS OF INCORPORATORS Sn > Hint < lie SlKU vr I'ut Down Their \iinicn McrHr to Cover Up the Honl llnckot-N of the I'lim. What are regarded as rather sensational disclosures In connection with the railway and Improvement schemes of John W. Paul w-ero made at the offlces of the county re corder and the clerk of the district court yesterday. In the ofllco of the recorder a new set of articles of Incorporation of the Iowa Construction company were turned up. Tl'cy ' wcro filed February 4 about noon , and distinctions were given to the clerk In charge lo lay them down carefully and say nothing. The original m tides of the company bore date of April 26 , and weiu drawn In Chicago and acknowledged by a Chicago notary. H. C. Howcll , John C. Robinson and M. K. Wlnn wcro the Incorporate who formed the organization that was to build railroad ? and other things that would require the small capital of $2GQQ,000 , which the com pany was supposed to represent. The new set of articles did not bear the naine nf the original Incorporate , but Instead those of John W. Paul , P. G. Kmlg and Joieph P. Wbgner. The capital stock IK the came. Paul It * made president , ISmlg secretary , and Wagner vlw president , and the Intentions of the company arc sot forth In the same words and phrases as used In the original Instrument. The discovery made in the clerk's oRlce was a little bit more newsy , and was foil ml In a lot of depositions that wcro filed during the day. They had been taken In the course of the litigation between Paul and the Union Land and ImptovcniHit company and E. W , Nash. The depositions are those of Uobln- son , Wlnn alid How ell and Joseph A. Varly , the Chicago Incorporates of the Construc tion company und of the Council Bluffs Stock Yards company , whose capital was fixed nt $1.500,000. The deposition of M. E. Wlnn makes the startling disclosure that the per son Is a woman , Miss Mildred E. Wlnn , aged 2G , and that she Is a stenographer , who worked In Mr. Paul's Chicago ofilco for a time at a salary of $50 per month. She svcars that she signed the articles for ac commodation and n fco of $ l.C 0. It. C. How. ell's deposition shows that he Is a young clerk , aged 22 , and at the time he signed the articles he was earning a salary of $ t ! a week , but is now getting $10. Joseph A. Varty , when ho put his name to articles Incorporating million-dollar enterprise. ] , w.is a clerk In the Safety Loan and Itulldlng as sociation , and was drawing a salary of $10 a week. He made an additional $1 by sim ply signing bis name. Mr. Paul was seen last evening and ques tioned about the remarkable disclosures. His chief anxiety seemed to bo the fear that the public might misunderstand the true situation. Ho said there was nothing In the disclosures that need worry him , but were a part of the original plan. It was discovered ho said that the original articles did not comply fully with the Iowa law , and It was necessary to get up a n'ew set. The original set were signed by some clerks In Chicago of the men behind the big enterprise con templated. "This is not unusual , " said Mr. Paul. "Some of the greatest enterprises ever In corporated In this country followed the same course , and the articles bore the names of the ofllco boyu and clerks until the time arrived fen the transfer of the stock and the begin ning of the work. The stock books of the Construction company do not show that one dollar of stock has been issued to any of the'original incorporalors. All I have to ray is that the Iowa Construction company Is not a myth , but that there Is plenty , in fact unlimited , capital back ot It to push Its cnterpr.pcs. I am not yet rcaiiy to give nway any secrets , but In view of what has been said or is likely to bo said , I want to assure the public that there Is a railway corporation Bunding back of the Indian Creek enterprise , ready to receive the franchise and assume control ot ) the work when it Is in shape. In fact their engineers are now at work. It is natural that the com pany desires to conceal Its identity until the proper tlmo arrives. There is no scheme mil there Is no child's play In anything that lias been done so far. " Mr. Paul's earnestness must be taken as an Indication that he knows what he Is talking about , and his status In the commercial world must bo a conlradlcllon of the asser tion that he is working blindly upon some thing or other that is without tangibility. CITV suin < FOR 92,000 DAMAGES. Second Trliil nf J. L. Stvirnrt'N Suit for Fourth Street Oriule CliiuiKe. When Die city council ordered a change of grade on Fourth street to bring the street to a uniform level and permit proper drain age and sewerage the residence property for several blocks was seriously affected. Near Seventh avenue the grade was raised from a few inches to about four feet. The prop erty owners , put in various bllla for damage , and with about all of the city council made amicable settlemcnls. The properly owners wllh whom seltlements were effected , how ever , were those who had frame buildings , vhlch could bo cheaply raised. Mr. Stewart's residence , a fine brick structure , was located at a point where the nil was greatest. The cost of ralblng the building and putting it In shape to llvn In was much greater than any of the other buildings , and when Mr. Stewart submitted to the council a long list of Item- zed bills which he had paid for the Improve ments that had been made , the total was con siderably above the figure which the judiciary committee In the council thought It should > e. Efforts to effect a compromise between ilewart and the city failed , and Stewart > egan a suit for the recovery of the entire > lll. This was tried In the district court ast year and resulted In a verdict for the city. The Jurymen were laken to the resi dence and shown the Improvement thai had been made and were told what the previous conditions were. This was a fatal mistake or the plaintiff. The Jurymen found every thing fixed up sot nice and neat and In such strong contrasl to what It had been , that they concluded that the Improvements were vorth all they cost to Mr. Stewart , The > lalntlff was not satisfied and appealed the : ase to the supreme court , where t was passed upon and the udgmcnt of the lower court reversed. The low trial ordered was begun before Judge Thornell yesterday. A Jury was gotten without trouble and nearly all of the evi dence waa Introduced before court adjourned ast night. The only important event In the case during the day was the ruling of the udgo that the list of the bills paid for the vcrk , which were again introduced , could not jo admitted for the reason that some of them showed that they wcra payments for work done that did not rightfully belong to trading and brick work , but were evidently n payment for carpenter work done In ac cordance with a general plan for the enlarge ment and Improvement of the house. The question of whether the jury will again bo permitted to view trio premises was dls- cucsed by the attorneys. It can only bo done by agreement of both sides or by an order ot the court. The plaintiff will not agree to It and It IB not likely that the court will order It. Among the expert wit nesses called by the city to testify to the nature of the Improvements that wore made at the time and their necessity as a public economic measure was ex-City Engineer L. ' . Judson , who established nearly all of the grades In the city. He showed that this iliange of grade waa only a necessary con- ormlty to the established grade through out the city , and If It had not been done hat portion of the sewerage system of the : lty would have been worthless and Mr. Stewart's residence would have been left In a bole. The case will be concluded today. Wo offer you only clean , crisp , snow white auudry work and best delivery service at Eagle laundry , 721 Broadway , Telephone 167. DISPOSITION OP Till } DI2AD Director * llrnc a Mrnnnri } Ilofore Ilio Stntp l.pnl'ln turc. The undertakers ot Council Bluffs are tak Ing considerable Interest In the progress In ( lie legislature at DCS Molnes of a bill Ilia materially affects the Interests of the men engaged In the undertaking business. The bill In question Is fathered by the Funeral Directors' association ot Iowa. I Is entitled "A bill for nn act to establish a stale board of embalming , to provide for the bstter protecllon of life and health , to pre vent the spreul of contagious d'seascs ant to regulate the practice of embalming , " By the terms of the measure th0 governor shall appoint a board of embalming for the stile of Iowa , lo go Into existence on July 1 of tire present year. The board shall con sist of five members and each member shall have had nt least five yc-irs' experience Ir the practice of embalming and the care and disposition of the dead. After providing for the manner of Ihc organization of the board and Its * adoption cf rules and regulations for Its government the bill provides that each person desiring to engage In the practice of embalming within the state of Iowa and not already engaged therein shall make a written application to thri board for a license nud shall pass an examination before the board showing his qualifications for Ihc care r.r.d disposition of Ihc dead , his knowledge of sanitation and his ability to practice the art of embalming. The license fee for new applicants Is IlxoJ at $5 and every registered embalmer shall pay $2 each year thercafler for n renewal of his registration. A flno of not less than $50 nor more than $100 shall be Imposed for the violation cf the terms ! ot Ihc measure. It Is underflow ! and PO slated In the bill that none of the provisions of the proposed law apply to un dertakers who deal In burial supplies or con duct burials , but do not pretend to prac tice the science of embalming. Such un dertakers are required , however , to have a satisfactory knowledge of the laws ot san- llallon , and lo be able lo l-ake Ihe proper stops to prevent the spread of contagion. The bill Is meeting with considerable oppo sition nnd the cry has bean rahcd against II thai Ils purpose Is lo cslabllsh a monopoly In favor of Iho embalmers. The members of Ihe state arsoclatlon deny any such charge and use the exact wording of the bill to re fute the statements of the opposlllon. Mem bers of Ihe assoclallon aasert that no restric tion Is placed upon the burial of the dead by undertakers who do nol prelend lo prac- tlco the science of embalming and docs not In any manner Interfere with the business of dealers In undertakers' supplies and burial equipments. The bill simply provides lhal when an undcrlaker altempts to do em balming he shall be qualified for the work. Members of Iho association assert that there are now In the state men practicing the cm- balmcr's art who have taken no regular couroa of Inslrucllon al any school , and who really luve no idea of Iho work Ihey are doing. They do not lake Ihe proper care of bodies and are constantly menacing the health of families of the deceased by prac tices that expert embalmers have long since discarded. Members of the association , which embraces a majorlly of Ihe reputable cmboltncrs and undertakers of the slate , arc unanimously In favor ot the passageof the bill. THE 11USSIAN SPY SYSTEM. An American MlnlMtrr Secured Strlk- liiK Proof of It. Aflcr Mr. Curlln had left Iho gubernato rial chair ho spent five years In St. Peters burg as United States minister to Russia , says the Philadelphia Times , reviewing the biography of Pennsylvania's war governor. By his display of diplomacy he won the re gard of Gortschakoff , the great chancellor , who for fifty years ruled the destinies of the Russian people. Afler Napoleon III.'s capitu lation at Sedan and his retirement as an exile lo Chlselhursl , England , Minister Cur- tin determined upon a flying trip to London by way of recreation. The day before leav ing St. Petersburg , while In conversation with Gortschakoff , the latlcr Incidentally said to him : "The return of a Napoleon to the throne of Franco would menace the peace of all Europe and bo most lament able. " Shortly after the United States minister had been Installed in his apartments In Lon don ho was walled upon by Ihe Chevalier Wyckoff. The main purpose of the cheva lier's visit was lo suggest to Mr. Curtin lhat he should travel to Chlselhurst to see the deposed emperor of the French. The min ister protested thai he was away from his post on simply a holiday trip without leave 3f absence , and that he did not desire to attract - tract public atlenllon lo his movcmenls. The chevalier Ihen intimated that the distin guished American would in all likelihood be formally invited to call upon Napoleon. "That , " said Mr. Curtin , "would be an en tirely different mailer. " The following day Prince Mural , cousin of Napoleon , called upon the. American minister and formally Invited him to Chlselhurst and to the honor of a prlvalo audience wllh Na poleon. Mr. Curtin made the trip In Ihe company of Chevalier Wyckoff , and was very graciously received by the late sovereign eign of the French. After a brief conversa- llon , Napoleon requested Iho chevalier lo wilhdraw , as he wished lo confer wllh Mr. Curlln In prlvale. Wyckoff left the apart ment and the American minister found him self alone , apparently , with the deposed monarch. Then enrucd a most Intoresllng convereallon , that was prolonged for two lours. Mr , Curtin foundi that the ex-emper or's conversation , no mailer In what direc tion It drifted , Invariably returned to an at tempted discussion of the probability of his receiving Ihe support of Ruscia If he should again attempt to mount the throne of Franco. Ho evidently knew of , the American minister's Intimacy with Gorts- chakoff , and , to use a homely American phrase , was endeavoring to "pump" ilm. But Mr. Curtin was proof against such gullo and skillfully avoided direct re plies to Napoleon's remarks except In two nstances , when Iho nephew of the grcal Boraparto put such direct questions to him hat ho was forced to reply : "Your majesty vlll , I .am sure , pardon mo for declining o answer your question when you consider hat my relations to my government and through It wllh the Russian government are of an entirely confidential character ? " Jpon both occasions when replies of that sort were made to him Napoleon bowed coirteously In assent and diverted the charnel of conversation , only to rclurn again to the subject upon which his mind was ovldenlly dwelling. Finally , at the conclusion of the interview , the late em peror said lo Mr. Curtin : "Wilt you an swer 'me ono question ? If you can't con scientiously do so I will feel under Just as much obllgallon to you for your courtesy in paying mo this visit. You are on Intimate totms with Prince Gortschakoff. Has ho ever said anything 10 you concerning my return to France ? " Minister Curtin , having In mind his last conversation with the Russian chancellor , was visibly embarrassed , by this Inquiry. Flrally he said with some hesitation : "Your majesty , I saw Prince Gortschakoff the day before I left St. Petersburg , but I beg of you not to ask me what it was ho said to me concerning yourself. " Quick as a flash Napoleon took In his meaning. A shade of sadness passed over his face. Then , with a courteous bow , he said simply : "I understand you , sir , and I thank you. " When the American minister returned to St. Petersburg he , as In duty bound , paid his respects to the Russian chancellor. Gort- schakoft received him very graciously and at the conclusion of a long and pleasant conversation , said : "I must congratulate you , sir. " "Up'on what ? " Inquired Mr. Curtin. "Upon the discretion you displayed , " re plied Gorttchakoff , "In your conversation with the late emperor of the French , " How the diplomat ever learned the par ticulars of that Interview Mr. Curtin could net or discover , and It always remained mystery to him. True , Chevalier Wyckoff was notoriously In the pay of 4he Russian government , but he had been excluded from the room. Mr. Curtin was positive that he was alone with the emperor , and was equally lure that he tiad never whispered a word to a human being what took place. A Substitute for Gold. A French journal describes a new and promising substitute for gold. It Is produced by alloying ninety-four parti of copper with nix of antimony , the copper being first melte and the- antimony oftorwnrd added. To thl a quantity ot mnRrksltim carbonate Is ftddoc to Increien Its pB1tKC gravity. The alloy I capable of being | 1rawn , out , wrought , am rolilered Just as go)4 ) Is , and IB snld to tak anJ retain ns fine a polish as gold. Its cos Is a shilling a poantr : 111 > CtmilK.NT I.AW POINTS. I.PRII ! Knot * UnVIHl by Vnrlottn Court of l lifIMini. . A ballot which p'ertrtlta the name of a can dldate lo appear la the ofllc'al ballot bu once , although 1 may be nominated by different parties , -dgi iheld constitutional It Todd against election'commissioners ' ( Mlchl gan ) , 29 L. R. A.'bad,1 ' ; An Illegal arrcqj , and fatso ImpHsonmcn of a pnsssngcr caused by the conductor In charge of a train fs.lio l In Atcblson. Topeka & Santa Fe Railroad company against Henry ( Kansas ) , 29 L. R. A. 4G5 , lo make the railroad company liable. An Injunction to prevent a city from shut ting off a water supply from a consumer Is sustained In Woort against Auburn ( Maine ) 29 L. R. A. 37C , where the altcmpt was U coerce payment ot an old claim , subsequent to which water had been turnlfhed and paid for. for.Tho The use of Indecent or profane language in a strecl car , which by statute Is expressly made an offense , ID held In Hob'nson against Rocktand , T. & C. Street railway 87 Maine , 387 , 29 L. R. A. 630 , to be sufficient reason for putting the offender off the car. A statule authorizing attorney's fees to bo taxed as coe-ts In actions for wages Is held In Hccktng Valley Coal company agalnsl Rosser ( Ohio ) , 29 L. R. A. 380-to bo uncon- slllullcnal on the ground that It denies to employers the equal protection of the laws In making an honest but unsuccessful de fense. A branch railroad which constitutes a pul of an Interstate line la held to be exempt from the power of a city to Impose a license tax on the right to operate , In San Bernardino dine against Southern Pacific comp-iny ( Cali fornia ) , 29 L. It. A. 327 , as such a license lax would amount to a burden on Interstate commerce. A stale statulo requiring vessels burning wood lo have , screens of Iho bssl approved kind for protection from fire Is sustained In Burrows against Delia Transporlat'on com pany ( Michigan ) , 29 L. R. A. 4GS , against the contention thai It Is an Interference with Interstate commerce. A school teacher occupying a part of a school house as a residence Is held In Alpine township school district No. 11 agalnsl Batsche ( Michigan ) , 29 L. U. A. G7C , to hold his position , not as a tenant , bul as an em ploye of the district , so that he was not entitled to the notice to quit provided In case of tenancy. Brothers and sisters of the half blood are held In Anderson against Bell Urn ! . ) , 29 L R. A. 211 , to bo Included In a statutory pro vision for descent to brothers and sisters , un less a contrary Intention appears. With this case is a nolo collecting the vast number of authorities on this subject , and showing that in the main they agree with Iho Indiana decision. A judgmenl against a railroad company Is held In Stewarl against the Wheeling & Lake Erie Railroad company ( Ohio ) , 29 L. R. A. 438 , to bo a Hen on the property , bul not enforceable by execution against a parl ot the property which Is necessary to carry on the business , but only by a bill In equity to which all persons in interesl are made parlies , and In whl h the whole of the prop erty is subjected tO'-sale. A body of waler having well defined shores and no currenl , ytt ( ( cnllrely wllhln the stale of Iowa , a q artqn of a mlle from the main channel of > the rMlssissippI river , of which it forms no part- for purposes of navlgalion , is held'ln ' , Slale agalnsl Haug , 29 L. R , A. 390 , , W be included among Ihe waters of the state.fiwithln the statute prn- ilbitlng Ihe use df'sejnes , and not within : he excepllon of boundary walers , over which the Jurisdiction of'the state Is not exclusive. Riding a bicycleoni a sidewalk or foot way is held In Commonwealth against Forest ( Pa. ) , 29 L. R. A.,35 , * to Incur the penalty provided by the Pennsylvania act , although .lie , sidewalk was on land appropriated by a turnpike company"andj was built and kept up by the turnplke"conipany , aided by con- Irlbullons from Ihe residents of the village , oven If the turnpike company consented to the-use of the < sld6WaJk'y , bicyclers , and such use had , been generator ailcng time without complaint. ; A constitutional provision against a "levy- ng of taxes by thepoll" Is held In Short against State ( Md.i ) 29 L. R. A. 404 , not to apply lo a statute- substantially like thai In force when the constitution was adopted , compelling able-bodied male residents between - tween 20 and 50 years ol age lo labor at least , wo days annually In repairing the roads , with .ho privilege nf furnishing substitutes or pay- ng 75 cenls per day Instead. The subject of ioll taxes Is considered In an extensive note 9 this case. The right of a railroad company lo com- icnsallon when Its tracks are crossed in a ilghway by a street railway Is denied In Chicago , Burlington & Qulncy Railway com pany against West Chicago Street Railway company (111. ( ) , 29 L. R. A. 485 , and this Is In accordance with other decisions on the sub- ect , which are collected in a note to the case. Plie ground of the decision Is lhat the railroad company crosses the street rubject to the public casement of pasrago , and that the ; treet railway Is only a mode of exercising his casement. A mlsrepresentallon honestly made In a be- lef lhat It Is Irue , although It was designed to Influence- ' the conduct of another who acts upon it , is held in Kountze against Kennedy. 147 , N. Y. 124 , 29 L. R.A. . 3GO , t be Insuffl- cienl lo sustain an action for fraud. The caw n this respect Is similar to that of Nash against Minnesota Title Insurance and Trubl company ( Mass. ) , 28 L. ' R. A. 753. Such an action for fraud Is distinguished by the court rom cases which turn on the effect of mln- -epresontatlong - to avoid a contract. A contract to give all the traffic of certain mines and furnaces and of a railroad to be constructed therefrom to another and con- nccling railroad which furnishes aid lo de velop Ihe business la held valid In Bald Jaglo Valley Railroad company against Nlt- any Valley Railroad company ( Pa. ) , 29 j. R. A. 423 , although the constitution re quires railroads to carry each others' traffic vlthout discrimination , and prohibits dls- rlmlnatlon in transportation for Individuals , nd also prohibits the consolidation of parallel and competing roads. An unusual decision on the law of case- menlEj is mads in Whltlenlon Manufacturing company against Staplss ( Mass. ) . 29 L. 1. A , 600 , to the effect thai a servitude > y prescription , charging property with the myment of a portion of the expense o ( re- mi rs to a dam from which water power a furnished to the , serviont premises Is rented by annual contributions of the owner or more than fifty years , which he las paid as a duty and which have been collected by he other party asa right. A contract by a city for the pavement of treels , providing that the conlractor shall ccept aFsesjments for benefits as compsnsa- lon , and the city shall not bo otherwise lable upon the contract , whether the as- assments are collectable or not , la held n Barber Asphalt ; Paving company against larrlsburg , 29 L. jt. jA. 401 , to leave the Ity Btill liable to.t tuo contraclor where ho assessments were. , made under a statute i-hlch was Invalid , as the contract csn- emplaled valid charges on Ihe property , nd failure to mako--the required aDsefainenIs eft the city In driajll ( . The right to maktf municipal bonds payable n gold coin of tlty United States of the iresent standard ofi weight and fineness Is onlcd In Skinner afialnet Santa Rosa ( Cal. ) , 9 L. R. A. 512 , w.rtare ! Iho bonds are Issued nder a statute whlcj.i provides that they hall be payable 'tin gold coin or lawful lonoy of the United fjtatea. " This decision D clearly based ori.li& ) fact that the statute xpressly.fixes tho.tffms of payment ; but note to the caset 'reviewing the authorities n the subject. 8hcfjV8.lt to be fully estab- Ishcd by the declrlbne of the United Stalest supreme court that In ordinary cases con- racta for payment In gold or silver may e made , and may bo enforced by the courts. Free ruin. Send your address to H. E. Bucklen & Co. , Chicago , and get a free sample box ot Dr. Clng's New Life Pills. A trial will convlnco ou of their merits , These pills are easy In ctlon and are particularly effective In the ure of constipation and elck headache. For malaria and liver troubles they have been iroved invaluable. They are guaranteed to > o perfectly free from every deleterious iub. tance and to be purely vegetable. They do not weaken by their action , but by giving ono to stomach and bowels greatly Invigorate be system. Regular size , 25o per box. Sold y Kuhn & Co. , druggist * , DIGGING- INTO THE MONUMENT Iowa Legislature Tnkos Auothor Turn at the Uncompleted Shaft , RIGID INVESTIGATION IS PROPOSED lU'Moltitlon OfTcrrit In the II oil NO Pro- vliliN for n Uo mint Hrr In l.ool. Into All ArlN ot ( lie CoiiiiiilKnliin , XtOIttns , Feb. 7. ( Spcclal.-ln ) thft house Mr. Smith of Greene Intro duced a lengthy resolution lo In- vesllgalo the rumors circulated through the public press In regard to the action of the monument commission In to- lectlng the list of soldiers to bo honored by being represented on the Iowa soldiers' mon ument , as well ns In making the contracts. The resolution provides for n Joint committee of the two houses , nnd the Investigation It Is directed to makeIs of thci most searching character and requires the committee to go Into every detail connected with the expendi ture of the $150,000 which 1ms already been paid out. The time and compensation of each member of the commission and the ex penses Incurred by them are made special objects of inquiry. The * claim of $10,000 for "extras" which the contractors have pre sented will alse be Inquired Into. The com mittee Is directed to report not later than March 15. Mr. McArthur of DCS Molnes county ob jected to thei consideration of the resolution , and under the rules It went over till tomor row. While some lively discussion may be provoked It la altogether probable that the resolution will pass both branches of the gen eral assembly. The ant'-clgarelto bill came up again on a motion to reconsider the vote by which the house refused to refer the bill to the .com mittee on public health , which was mule by Mr. Nletert of Linn , who claimed he had voted under a misapprehension. After some lively sparring betwesn McArthur , Van Houtcn and others the reconsideration pre vailed , and after further discussion the mo tion to refer the bill to the committee on public health was carried by a vote of GO to 43 , with the proviso that the bill be reported within ten days and "do not lose Its place on the calon-lar. " The house committee on schools reported In favor of the passage of the Ileeil bill , au thorizing school boards to furnish books to pupils at public expense. Many letters and petitions were read from Individual soldiers and Grand Army posts In favor of eliminating all portraits , statues or medallions of soldiers from the monument on the ground that no partiality should be shown or Invidious dlrllnctlons made between "members of the brave army of boys In blue who aided In putting down the rebel lion. " The Derry resolution , limiting the Intro duction of bills In the senate to February 20 , and giving the reports on the code the right of way , was taken up and rejected. Senator Blanchard said be did not believe : ho majority had the legal right to take away from the senators the privilege of Intro ducing bills by the mere passage of a res olution. AIMED AT INSOLVENT INSURANCE. Senator Hotchklsa' b'll to prevent In solvent Insuiance companies from doing bus- ness In this state , which was Introduced today , reads as follows : Section 1. No Insurance company doing business In this state shall accept or receive premiums either In cash or notes , or Issue Insurance , policies either upon property or lives , when such company Is Insolvent. Sec. 2. If the president , secretary , treas urer , or any other ollicer of any Insurance company Insuring- property or ifves In this state shall receive any money , notes or premiums for insurance , or Issue any Insur ance policy when such company Is In solvent , and the books nnd accounts of such company show It to bo Insolvent , or when such Insolvency Is known to said offlcer. he shall be guilty of a felony , and upon con viction he shall be punished by Imprlson- nenl In state prison for a term not exceed ingnvp years ; or In the county jail not x , Scaln | : on ° yearor a nn ° not exceeding 13.000. or bv both flno nnd Imnrlsnnmont hut nothingin this act shall refer to cither mutual or purely assessment companies. Senator Healy's resolution directing the standing committees of the senate to codify : ho chapters. of the cede assigned to them > y eliminating the recommendations of ho commission , waa called up. Senator lealy sx'd that the commission having failed .o do its duty , the rcnato must now take ip the work. Senator Carpenter thought thai ho work that would devolve upon the senate f this resolution passed , could not be per- ormed in a satisfactory manner in a dozen > rdlnary sessions , and the printing bill would 10 enormous. All senate resolutions and substitutes In reference to the manner of handling the new code were referred to the committee on code revision. Dills Introduced in the house today were : By Finch , requiring druggists to obtain per mission from the board of supervisors , and authorizing said boards to levy tax for the sale of intoxicating liquors ; by Laudcr , to punlt'h keepers of op'um joints. The state treasurer's report to the house showed that revenues were decreasing , and ho most rigid economy In making appro priations will bo necessary to keep the state out of debt. The Allen bill regulating mutual benefit associations will como up In the house to morrow. Bills introduced In the senate were : By Ellis , authorizing the manufacture of sp'rltuoua ' , malt and vinous liquors for legal > urpOEi3s , under the provisions of the mulct aw regulating the Dale of the same ; by lotchklss , prohibiting Insolvent Insurance ompanles from doing business ; by Palmer , providing penalties for eelllng or taking > rdors for nursery stock that does not prove 'true to name ; " by Alexander , requiring hat the mayor of incorporated cities and owns shall have proper notice of the un- afe condition cf bridges and sidewalks be- ore actions for damages will He. AIl -K Ml illWniulMt Him ml Over. CHEROKEE , la. , Feb. 7. ( Special , ) Cat- on , alias Dula , the man who was arrested t Wlnterset , waived examination yesterday t Washta and was held to the grand Jury , tils' ball being fixed at $1,000 , in default of vhlch he was returned to his cell nt the cunty jail. Catron still denies that ho Is guilty , but made remarks In the presence of Sheriff Vhcoler yesterday atWashta to wlfo No. 2 , radically admitting that he confiscated the ne.rrlage certificate. Catron was asked by ils Washta loyo why he took her marriage ertlflcato with him when he left. Ho re plied , "because. " She then aeked him If ho document had not been In her trunk mtll ho removed It and Catron replied that t had. It Is understood that wlfo No. 1 had Iscovercd her husband's unfaithfulness and t the tlmo bo wan arrested on Information worn to by No. 2 had also token steps to ward having her husband arrested. A warrant Is now In the hands of the of ficers here , which was procured a little ted ate to be served ahead of the ono that In the case. Convention of KilHorH Conclmlfil. BOONE , la. , Feb. 7. ( Special Telegram , ) The Upper DCS Molnes Editorial association losed a very successful meeting hero this veiling , with nn address by Judge Klnno n the "Liberty of the Press , " followed by banquet. Very Interesting papers wore cad on subjects of Interest to publishers nd a more thorough and general discussion of each was had than at any previous meet- ng of the association. Algeria waa chosen as the place of the next meeting. Officers elected were : President , W. II , Gallup , oone , republican ; vice president , W. F. Brannlgan , ISmmctsburg , democrat ; secretary mil treasurer , A , C. Newton , Storm Lake Hot. About fifty editors werepresent. . Crouton Municipal CuinpiilKii , CIIKSTQN , | la. , Feb. 7 , ( Special. ) The municipal campaign la approaching and a vely Interest has already been manifest In lie. selection of five aldermen , who will be uosen to rcpretcnt I ho city from the wards , A movement has been on foot to nominate c'tlzenu' ticket and such an arrange- nent will likely be consummated In which vent It will be the republicans against the eld , as thin party will not go Into any such movement. In fact , the primaries of this iarty have already boon called. Heretofore thcro tins been little Inlo-ost manifest In thn selection of aldermen , but the c tlzons arc now Awakening to the necessity of placing honest and competent men en the council. IIOTII SinUS ( II4TTIM1 IHTTiit. ( iinili-llotttittiui Casin ( I'rrniont Cim- ttiiucs < o A ( ( runt Altciitliui , FIU3MONT , Is. , Feb. 7. ( Special Tele gram.1 A curious flata cf affairs exists over the Gunn-Uoatmnn trial here. The place Is all torn up with dissension end families who have heretofore been friends nrc now bitter enemies. The friends of .Mcrrlllat anil D. Slgafooj have lined up on ono -side and those of Gunn and Dr. Hontman on the Other , The tow has reached Iwth churches nnd the pas tors who tcst'ficd ' ns to the character of tht ; men arc being bitterly assailed on the m\r hand and enthusiastically upheld on the other. So blttfr Is this feeling that the farm ers , It Is said , will not go to Fre mont any more. to trade , but go In Osk.tlooa nr Otlumua because of their fear that they may nlso become Involved In the dllllculty. The rase against Dr. Slga- fees nnd Mcrrlllat will come up for trial February 11. Another stormy trial Is expected nnd mere strife will be engendered. KKAlirUTt CltlMK OP AX IOWA I.AI ) . .SIiniilN llln t.lltlc Hi-other nml Thru Kills lllniN.'ir. IlnniUCK. la. , Feb. 7. Joe Merrlflcld. thp 12-year-old son of Frank Mcrilflcld , shot his 7-year-old brother with a Winchester rifle this motnlng , and then blew the top of his own head oft. The father had left the boys together In the house , and they becimo In volved In a quarrel. When neighbors came In a. horrible keene was presented , The two boys lad dead on the flour In lllth and squalor , and the brains cf the boys were scattorel over the floor and celling. The father had neglected the family until they were almost starved. 13t I < ! < noc of n Crime. FORT DODGE , la. , Feb. 7. ( Special Tele gram. ) The people of I'lonuor , twenty-five miles northwest of Jierp , ate greatly worked up over the dls.ippe.ir.uicc of a man named Mlno , who formerly worked on a farm there for A. L. Miller. The man suddenly dis appeared o\er a jcar ago , Miller saying that he had trouble with him Just before. From late developmental leading out of a quarrel Miller had with his wife suspicion has been aroused that Mlno was made away with by foul mcJins. The whole neighborhood Is aroused and the sheriff with a posse ot men is searching for evidence. So far they have discovered a boot , part of a vest , a duck coat and other wearing appirel under fl manure heap , but no man. Tim cellar and well and everything about the prem ises lo being carefully searched. Mean * .11 u i'U o Wclixtur County. FORT DODGE , la. , Feb. 7. ( Special Tele gram. ) The payment ot the river lands awarded by congress , as made public today , will mean n good deal to Webster county. Mcny people have been waiting a long time for this list. Although considerable money goes to Humboldt , Hamilton , Iloonc and Polk counties , the bulk of It comes to this county. The payment of these claims this spring will mean about $200,000 put In cir culation in these counties , and the most of It In Webster. That Is only an Inflilltesl- mal part of what the river land controversy has cost this county. HonifinlicriMl All ( lieChiirclicH. . CHARITON , la. , Feb. 7. ( Special. ) Mrs. E. E. Hammers , who died at Russell the other day , left a will. St. Andrew's Episcopal church of Charlton was especially well fa vored. After she had made the bequest to her relatives and left them quite a neat little sum , bhc gave $500 to the Sunday bchool of St. Andrew's church of Chariton and $200 each to all the Sunday schools In the city of Russell. The remainder of her fortune , amounting to about $10,000 , was left to the St. Andrew's church. St. Andrew's people will build a new church. Attempt to IVreek n Trnln. ' CRESTON , la , , Feb. 7. ( Special. ) An at tempt was made last night to wreck the Burlington fast train two miles west of Crcston by placing a heavy oak plank , along the rails in such a position as to throw the train- from the 'track. John Igotf , a newspaper man , who was walking from Crom well to Crcston , not desiring to wait until midnight to catch a train , discovered the board and removed it. The mall train was due In forty minutes. The plank was placed on a high trestle work and the result would have been fatal. Koilllil 1)01111 In 11 I'll. CRESTON , la. , Feb. 7. ( Special. ) J. H. Nlckcrson , an old gentleman residing at Afton , was found dead In his bed. He re tired feeling as well as usual , but In the morning he failed to respond to the call of members of the family , and Ma lifeless body was found in the bed.Cause of death Is not known. lliirlliiKtoii EiiKlnetT Hurt. MALVERN , la. , Feb. 7. ( Special. ) While castbound ' .freight train No. SO was approachIng - Ing town 'the main driving rod broke , striking the cab , smashing it badly , nnd severely In juring the engineer , A. L. Clayburg of Lin coln , Neb. The flesh of his right leg was torn and badly lacerated. Judgment AKiiliixt a TriiHtcc. CRESTON , la. , Feb. 7. ( Special. ) In the district court Brown & Son were given a judgment against Jay M. Jackson for $1,800. The Browns alleged that while Jackson was acting as trustee for them he secured more remuneration than he was entitled to for such services. _ Di-iidi TtoNiiltH from 11 Scrntc-li. SIOUX CITY , Feb. 7. ( Special Telegnm. ) Mrs. Charles Noack , of this place , died today - day , as a result of an almost Impreceptlblo scratch on the arm received by bruising against the rough edge of a tin pan in which she- was knccdlng bread , several days ago. Tlio Olilo'K lU-il. A prominent geologist who has been look ing into the formation of the bed of the Gladness Comes With n butter umlcivsUindinp of the trunhieut nature of the mauy phys ical ills which vanish before proper ef forts gentle efforts plenbant efforts rightly directed. There is comfort in the knowledge that t > o many forms of sickness nrc not due to any actual dis ease , liutblmply to a constipated condi tion of the system , which the pleasant family laxative , Syrup of Figs , prompt ly removes. That is why it is the only remedy with millions of families , nnd is everywhere esteemed bo'highly by all who value good health. Its beneficial effects are due to the fact , that it is the one remedy which promotes internal cleanliness , without debilitating the organs on which it acts. His therefore all important , in order to get its bene ficial effects , to note when you pur chase , that you have the genuine article , which is manufactured by the California Fig Syrup Co. only , und bold by all rcp- utablo druggists. If In the enjoyment of good health , and the system is regular , then laxa tives or other remedies are not needed. If aflliotcd with any actual disease , ono may bo commended to the most skillful physicians , but if in need of a laxative , then ono should have the best , and with the well-informed every where , Syrupof Figs stands highest and is most largely used and fives most general satlsf action. I Ohio river torty-tlirco inllcn below PHlg burg jays the oht river l > od IK 300 fret above the present \\.itcr l vcl , and ho finds 1 thcro stone's of Canadian grtnlto , whoo ni'.iren homo now is on the O-snadUn si da of Lake OntftrU > . In tl.o glftil.il gravel ho came across a rough arrowhead , which ho attributes to Iho ctaclal period , perhaps COO.OOO years Ago. - i _ ami found a charming nut poorly The .V HUT I on it In I'ltHw. The French pcrple HPXCT tire of relating anecdotes cf Iho eccentricity and enormous wraith of Americans. Ah American wont Into a halrdrumr's shop In 1'arls recently girl engaged In negotiations \\lth the pro- pilttcr. She was offering to soil him her magnificent hcnd of hair for three nnpolcona the man ucuhl glvo her no moro than one. At hst the poor girl gave way with tear * , ami the li.trbcr wan nhotit to employ the fatal tclssxiis when the American Inter vened and Jemnndfd the cause of the sad affair , He found that the girl's parents' , who formerly had been will olt , wtre In the lost extremity of poverty , nnd thai she had de termined t6 make to grt.il a Mcrlflco In order to nhtnln them a little bread. Tlio strailger drew out two bank nolcs and offeied them to the girl , pi > lnp : "Will you let mo buy jour hair ? " Without even looking at the noles , the said "Yes. " gill al once , The American delicately look a slnglo hair , put It In hla reckethook and fled. Not till he had r.or.n did elio look at lirr bank note ? , and found them to be ot the value ot SlOft. _ _ SmifT-TnUInu lit Icolniiil. A bit of valuable Information found In th * consular repoit i elates to snuff-taking In Iceland. 'Iho official siys ho Is told that the snuff Is made Into bars , attci the manner of plug tobacco , and sold to the natives In that shape , nearly all of whom are addicted to Its use , and pruftr It thus piepaicd. The Icelander allows the nail of his right hand thumb to grow lung for the purpose , and when using the snuff scratches It oft the bar with his nail onto the hick of the loft hand nnd Applies It to the nose. a poorly nourished horse when he is thoroughly tired ? He may go faster for a few rods , but his condition is soon the worse for it Better stop and feed him. Food gives force. If you are thin , without appetite ; pale , because of thin'blood ; easily exhausted ; why further weaken the body by using tonics ? Begin on a more permanent basis. Take something which will build up the tissues and supply force to the muscular , digestive and nervous systems. of Cod-liver Oil , with Hypophosphites , meets every demand. The cod-liver oil is a food. It produce's force ; without the whip. Every gain is a substantial one. The hypophosphites give * strength to the nervous system. An improved i appetite , richer blood and ' better flesh come to stay. joe. and $1.00 at all druggists. ST , BERNARD'S ' HOSPITAL AND RETREAT FOR THE INSANE , In charge ot the SISTERS IF This wjdcly known Institution has been doubled in size during the past summer and rnado one of the most modern and model Institutions of Its character in the west. The new additions will be ready for occu pancy by Iho first of the year. When fully completed , accommodations will bo afforded for 300 patients. It is beautifully situated , overlooking the city of Council Bluffs. A full staff of eminent physicians and trained nurses minister to the comfort of the pa tients. SPECIE GAR IS GIVEN TO LADY PATIENTS , TERMS MODERATE For fuller particulars , apply to SISTER SUPER 1OR Council Bluffs , la. DYKING AND CI.KANINO Clothing , Dresses ; nl Hoiisliold ? Go ids OMAHA OI'KUJK-lBai Pannim. Tel , 1S3I COUMJII , HIUI'Tt > Works nnd Ofllco , o Ato.Aiui.ISOtli.Ht. Tel. 310. Send for price lit , ! . Council Bluffs , Iowa , CAI'ITAL , . . $100,000 \VU SOLICIT YUUll WI3 DKHIUU YUUU ois or Tina OI.DIST IIANICH i.v IOWA. fi I'KK OKJVT I'AII ) ON TIM 10 JJKI'OSITS , CAM , AND KKK US Oil AVIUTI2. Hl'iil\l , NOTICES-COUNCIL JILt 'KH. WANTUU. GOOD HUCONP'HAND LUMIJBIU mu t b clicap. AdilriM UyLauglilln , Ut